Should I Wait To Apply For A Family Based Immigration Visa Until After The US 2020 Election?
No, you should still apply for a family-based immigration visa for the following reasons. First, the Trump administration plans to increase filing fees at a staggering rate effective October 2, 2020. Applying now avoids that fee increase and enables your case to be in process and not fall in the back of the line.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas:
According to the Department of State’s August Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories:
For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for August 2020.
For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020.
Are There A Limited Number Of Family Based Visas Issued In The US Each Year?
Yes, there are a limited number of family-based visas issued in the U.S. each year if you do not fit the definition of an immediate relative of a U.S. Citizen and you fall under one of the four preference category. See Below.
If you are a US Citizen, you can petition for the following individuals:
Immediate Relatives (NO VISA LIMITS)
- Spouse of US Citizen
- Unmarried child under 21 years of age of a U.S. Citizen or
- Parent of a US Citizen (if US Citizen is 21 years of age or older)
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
If you have a Green Card, you can petition for the following individuals:
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
- (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
- (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Child: an unmarried person under 21 years of age
For immigration purposes, a child can be any of the following:
- A genetic child born in wedlock
- A genetic child born out of wedlock:
- If the mother is petitioning, no legitimation is required.
- If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence.
- If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried.
- A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth.
- A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18
- An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information.
Son or Daughter: a person who is married or is 21 years of age or older
Parent: include biological/step-parent. See INA §101(b)(2)
For more information on Applying For Family Based Immigration Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.